Sandeep Kaur And Anr vs Kiran And Anr
2022 Latest Caselaw 2220 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

201                                                      CRM-M-37321-2021
                                           Date of Decision: 29th March, 2022

SANDEEP KAUR AND ANR.
                                                                ... Petitioners
                                    Versus
KIRAN AND ANR.
                                                              ... Respondents

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present:     Mr. Harminder Singh, Advocate,
             for the petitioners.

             Mr. J.S. Mehal, Advocate for respondent No.1.

             Ms. A.K. Khurana, DAG, Punjab.

                                    ****

VINOD S. BHARDWAJ, J. ( ORAL)

Instant petition has been filed under Section 438 Cr.P.C. for

grant of anticipatory bail to the petitioners in criminal complaint

No.COMA/206/2017 dated 28.09.2018 filed under Sections 323, 325, 452,

379-B, 411, 427, 34 of IPC and Sections 3 and 4 of SC/ST Act, wherein the

order of summoning dated 13.01.2020 has been passed.

Learned counsel for the petitioner inter alia contends that the

petitioner is a regular government servant and is working in the Punjab

Health Department. The petitioner No.2 is a retired government employee

and is a senior citizen of more than 75 years of age and is suffering from

various ailments. It is contended that respondent No.1 - Smt. Kiran Devi is

a Government Teacher and resides in the neighbourhood of the petitioners.

The said respondent No.1 has matrimonial dispute with her husband namely

Rameshwar Singh, who is Deputy Superintendent of Police and was then

posted at Pathankot. It is submitted that respondent No.1 is habitual of

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making false complaint against everyone and there are more than 20 cases

that have been filed so far by her. It is also pointed out that respondent No.1

is facing a departmental inquiry for dereliction in duty and continuous

absence of more 100 days, forgery and fabrication of forged medical

certificates. The complaint in this regard was made by the petitioner and an

inquiry was conducted by the police officials resulting into recommendation

of registration of an FIR by the Senior Superintendent of Police against the

respondent No.1. Resultantly, the respondent no.1 is having a grudge and

nurturing ill-will against the petitioners. With a view to harass the

petitioners and in furtherance of her such intentions, the complaint in

question was instituted, in which there is reference of two separate incidents

i.e. one dated 01.05.2017 alleging that the accused persons entered her

house and attacked and the second incident is alleged to have taken place on

21.05.2017, wherein no time has been mentioned about the allegations

pertaining to use of derogatory and abusive language. Learned counsel also

submits that the Magistrate has summoned the petitioners as well as other

accused in a mechanical manner and without referring to the necessary

provisions of law. He further contends that the co-accused Mandeep Singh

had filed a petition for seeking anticipatory bail before the Sessions Court at

Gurdaspur and the same was granted to him by the Addl. Sessions Judge,

Gurdaspur vide order dated 06.02.2020. The said order granting bail to the

co-accused has not been challenged and has become final. He further

contends that the learned Additional Sessions Judge, Gurdaspur had

dismissed the application filed by the petitioner seeking anticipatory bail by

making reference to the judgment of the Hon'ble Supreme Court in the

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matter of Vilas Pandurang Pawar and another Vs. State of Maharashtra

and others, reported as 2012(4) RCR (Criminal) 761, in view of the

specific bar to the effect, the anticipatory bail under Section 438 of the Code

of Criminal Procedure would not be granted. He submits that the aforesaid

judgment of the Hon'ble Supreme Court was considered by a Bench of the

Supreme Court in the matter of Dr. Subhash Kashinath Mahajan Vs. State

of Maharashtra reported as 2018(2) RCR (Criminal) 552 and it was held

by the Hon'ble Supreme Court that there is no specific ban on grant of

anticipatory bail under SC/ST (Prevention of Atrocities) Act, 1989 and that

if no prima facie case is made out or there appears to be an abuse of process

of law, the said aspect can be duly taken into consideration by the Court

while exercising the jurisdiction. He further submits that the perusal of the

complaint in its entirety would also not make out any case against the

petitioners and further that pursuant to the orders passed by this Court on

09.09.2021, the petitioners have already surrendered before the trial Court

and were enlarged on interim bail. He prays that the instant petition may be

disposed of with a direction to the Sessions Court, Gurdaspur to reconsider

the application, if any, so preferred by the petitioners under Section 438 of

the Cr.P.C. by taking into consideration the latest developments in law.

Learned counsel appearing on behalf of the respondent No.1

has no objection to the same and agrees to the matter being sent to the Court

of Sessions for a fresh decision.

With the consent of the parties, the instant petition is disposed

of with a direction to the Sessions Court, Gurdaspur that in the event of the

petitioners preferring a fresh application seeking pre-arrest bail, the

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same shall be considered and decided afresh without being influenced by

the order dated 19.08.2021 as passed in CIS No. BA-261 of 201 arising out

of Criminal Complaint No.COMA/206/2017.

In the meanwhile, in order to enable the petitioners to approach

the Court of Sessions, the interim protection, already extended by this Court

vide order dated 09.09.2021, shall remain operative for a period of three

weeks from today.

(VINOD S. BHARDWAJ) JUDGE 29.03.2022.

rajender



              Whether speaking/reasoned         : Yes/No

              Whether reportable                : Yes/No




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